§633-27 - District courts; powers.

§633-27 District courts; powers. (a)
All district courts, except as otherwise provided, shall exercise jurisdiction
conferred by this chapter, and while sitting in the exercise of that
jurisdiction, shall be known and referred to as the small claims division of
the district court; provided that the jurisdiction of the court when sitting as
a small claims division of the district court shall be confined to:

(1) Cases for the recovery of money only where the
amount claimed does not exceed $3,500 exclusive of interest and costs, except
as provided by section 633-30;

(2) Cases involving disagreement between landlord and
tenant about the security deposit in a residential landlord-tenant
relationship; and

(3) Cases for the return of leased or rented personal
property worth $3,500 or less where the amount claimed owed for that lease or
rental does not exceed $3,500 exclusive of interest and costs.

This chapter shall not abridge or affect the
jurisdiction of the district courts under paragraphs (1) and (3) to determine
cases under the ordinary procedures of the court, it being optional with the
plaintiff in the cases to elect the procedure of the small claims division of
the district court or the ordinary procedures, as provided by rule of court.
No case filed in the small claims division after December 31, 1991, shall be
removed from the small claims division to be heard under the ordinary
procedures of the district court unless the removal is agreed to by the
plaintiff. In cases arising under paragraph (2) the jurisdiction of the small
claims division of the district court shall be exclusive; provided that the
district court, having jurisdiction over a civil action involving summary
possession, shall have concurrent jurisdiction with the small claims division
of the district court over any security deposit dispute between landlord and
tenant in a residential landlord-tenant relationship. This subsection shall
not abrogate nor supersede sections 604-5, 633-30, and 633-31.

(b) Actions shall be commenced in the small
claims division of the district court of the judicial circuit in which the
defendant or a majority of the defendants reside or the claim for relief arose,
unless service cannot be made on all of the defendants in that circuit, in
which case action may be commenced in any circuit in which all of the
defendants can be served; provided that actions arising under paragraph (2) of
subsection (a) of this section shall be commenced in the circuit wherein the
rental premises are situated.

(1) Monetary relief shall not include punitive
damages; and

(2) Except as specifically provided in section 633-8,
equitable relief shall be granted only as between parties to a landlord-tenant
disagreement pursuant to chapter 521, and shall be limited to orders to repair,
replace, refund, reform, and rescind.

(d) Class actions are prohibited in the small
claims division of the district court. [L 1970, c 182, pt of §1; am L 1971, c
144, §21; am L 1972, c 142, §1; am L 1979, c 172, §1; am L 1980, c 169, §1, c
171, §1 and c 232, §31; am L 1981, c 176, §1; am L 1983, c 52, §1 and c 249,
§3; am L 1991, c 6, §1; am L 1992, c 233, §1; am L 2005, c 12, §1]

Rules of Court

Applicability of District Court Rules of Civil Procedure, see
DCRCP rule 81(a)(1), (c.1). Place of filing, see DCRCP rule 3(c).

Generally, see Rules of Small Claims Division.

Case Notes

Subsection (a)(2) is plain and clear and confers exclusive
jurisdiction upon the small claims court; thus, the circuit court has no
jurisdiction over causes of action involving security deposits. 63 H. 55, 621
P.2d 346.